Bell v. Koss

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED RENZER BELL, DOC # DATE FILED: 1/22/2019 Plaintiff, -against- 17 Civ. 7762 (AT) (DCF) ANDREW MICHAEL KOSS, a/k/a MICHAEL KOSS, ORDER DR. KAIN KUMAR, SHARMINI KUMAR, JOHN DOE, EXOTIC EURO CARS, and “ABC CORPORATIONS” being unknown, and fictitious at this time, Defendants.

ANALISA TORRES, District Judge: On January 22, 2020, Plaintiff, who is proceeding pro se, moved for leave to amend the complaint. ECF No. 121. As the Court explained in its order dated December 5, 2019, this action is stayed pursuant to 11 U.S.C. § 362, and any request to lift that stay must be made to the bankruptcy court, not to this Court. December 5 Order at 2, ECF No. 119. The automatic stay imposed by 11 U.S.C § 362 prevents the “continuation, including the issuance or employment of process,” of this action. That means that Plaintiff cannot amend the complaint. See, e.g., Sanchez v. El Rancho Sports Bar Corp., No. 13 Civ. 5119, 2015 WL 3999161, at *2 (S.D.N.Y. June 30, 2015) (‘[B]ecause of the bankruptcy stay, Plaintiffs cannot amend the Complaint.”).

Indeed, until Exotic Euro Cars’ bankruptcy case has concluded, the only filings made in this matter should be the status letters ordered by the Court in its December 5 Order. December 5 Order at 3-4.

Accordingly, Plaintiff's motion is DENIED. The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se.

SO ORDERED.

Dated: January 22, 2020 New York, New York ANALISA TORRES United States District Judge